⚖️ Eviction Laws by State

Texas and Georgia are generally considered the fastest states for eviction. Georgia allows immediate filing without a notice period for non-payment, and Texas requires only a 3-day notice. Both states have streamlined court processes. In optimal conditions, evictions in these states can be completed in 3-4 weeks.

However, actual timelines depend on court backlogs, tenant defenses, and whether the tenant contests the eviction. Even in fast states, contested evictions can take months.

No. In all 50 states, you must go through the court system to legally evict a tenant. “Self-help” evictions—changing locks, removing belongings, shutting off utilities—are illegal everywhere and can result in significant penalties.

Even if a tenant has clearly violated the lease or owes substantial rent, you must obtain a court order before removing them. The only legal way a tenant leaves without court is voluntarily.

The total eviction timeline varies significantly by state and circumstances:

Fastest (uncontested): 3-4 weeks in landlord-friendly states like Texas, Georgia, or Florida.

Average: 4-8 weeks in most states with straightforward cases.

Slowest: 3-6+ months in tenant-friendly states like New York, California, or New Jersey, especially in major cities with court backlogs.

Contested evictions where tenants raise defenses, request jury trials, or file appeals can extend timelines significantly in any state.

Using an incorrect notice period is one of the most common reasons eviction cases are dismissed. If your notice doesn’t comply with state law, the court will likely dismiss your case, forcing you to start over with a proper notice.

This can add weeks or months to the process and give the tenant additional time in the property. Always verify your state’s exact requirements before serving any notice.

In most states, tenants can “cure” a pay-or-quit notice by paying the full amount owed before the notice period expires. Once they pay, you generally cannot proceed with eviction for that non-payment.

However, rules vary:

• Some states limit how many times a tenant can cure per year
• Some states allow landlords to refuse partial payment
• Accepting rent after filing may waive your eviction case

Once you’ve filed in court, consult an attorney before accepting any payment to avoid inadvertently dismissing your case.

In most states, landlords can handle evictions themselves, especially straightforward non-payment cases. Many courts have self-help resources and forms available.

However, an attorney is recommended if:

• The tenant has an attorney or is raising defenses
• You’re in a tenant-friendly state with complex procedures
• There are habitability or retaliation counterclaims
• The tenant is claiming discrimination
• Significant money is at stake

The cost of an attorney is often worth avoiding procedural errors that could delay or dismiss your case.

“Just cause” or “good cause” eviction laws require landlords to have a specific, legally-recognized reason to evict a tenant or not renew their lease. Without a qualifying reason, the landlord cannot remove the tenant.

Common qualifying reasons include:

• Non-payment of rent
• Lease violations
• Owner move-in (with restrictions)
• Substantial renovation
• Withdrawal from rental market

States/localities with some form of just cause protection include California (statewide), Oregon, New York City (rent stabilized), and various cities in New Jersey, Washington, and elsewhere.

Most states allow evictions year-round. However, a few jurisdictions have “winter eviction bans” or restrictions:

• New Jersey: Has protections for elderly and disabled tenants during winter months
• Some cities: May have local moratoriums during extreme weather

Even where allowed, judges may be more reluctant to order evictions during harsh winter months, and sheriffs may delay execution of writs during dangerous weather conditions.